EPA proposes to streamline minor-air permits, issues offset guidance

The EPA moved on July 1 to change two parts of the New Source Review air-permitting process. It proposed eliminating the minimum federal public-participation floor for state and local minor-source permits, and it issued guidance saying some nonattainment permits can be issued before emission reduction credits are fully secured if the permit includes enforceable conditions. EPA says neither action weakens emissions standards.

What the proposal would do

Under the proposal, state and local air agencies would decide whether public participation is needed for minor NSR programs and how long those opportunities should last. EPA says minor sources are facilities below major-source thresholds, and that state and local agencies already issue most NSR permits.

What the guidance says

The separate ERC guidance applies to nonattainment NSR, which covers areas not meeting air-quality standards. EPA says a permit may be issued before offsets are fully secured only if the permit includes an enforceable commitment to obtain the credits before operation and an express ban on operating until the credits are identified, approved, and secured.

Why readers should care

For developers, the practical effect could be fewer procedural stops and more flexibility on permit timing. For neighbors, advocates, and local agencies, more of the process would shift to state and local decision-makers, which could mean different public-input rules depending on where a project is located. That is an inference from EPA’s proposal and guidance, not a final rule.

What happens next

EPA says it will take public comments for 45 days after the proposal is published in the Federal Register. The proposal is not final, and the guidance does not change any law or regulation by itself.

Sources

• U.S. EPA guidance: emission reduction credits under NNSR
• Bloomberg Law report on EPA air-permit proposal